HomeMy WebLinkAboutOrdinance 8154~.;
ORDINANCE NO ~J
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION OF .Altamesa Boulevard
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON-
TRACT TO _ Metro Asphalt Company AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU-
TION MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS
THEREBY INCURRED MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST
ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH
IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF
SUCH ASSESSMENTS DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PRE-
PARE ESTIMATES DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION
OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS DECLAR-
ING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID
STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED
SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS CHAPTER 106
COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES A5 AMENDED
BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176 SECTION 1, EMERGENCY
EFFECTIVE MAY 12 1967 AND DIRECTING THE CITY SECRETARY TO ENGROSS AND EN-
ROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF
THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE
ORDINANCE RECORDS OF THIS CITY AND PROVIDING AN EFFECTIVE DATE
WHEREAS the Public Works Director for the City of Fort Worth Texas has prepared
Plans and Specifications for the improvements of the hereinafter described portions
of streets avenues and public places in the city of Fort Worth Texas and same
having been examined by the City Council of the City of Fort Worth Texas and found
to be in all matters and things proper NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT
I
The hereinafter described Plans and Specifications are hereby approved and
adopted
II
There exists a public necessity for the improvement of the hereinafter
described portions of streets, avenues and public places in the City of
Fort Worth Texas to-wit
Unit I Altamesa Boulevard From Old Granbury Road to-east property line
of Lot 10, Block 510, Wedgwood X-II Addition,
known and designated as Project No 021-036-
543^00, Unit I
Unit II Old Granbury Road From south property line of Lot 3, Block 500,
(east lane) Wedgwood X-II Addition known and designated
as Project No '021-036543-00, Unit II
Unit III Old Granbury Road From Altamesa Boulevard to Danciger Drive,
known and designated as Project No 021-036-
543-00, Unit III
Unit IV
Unit V
Danciger Drive From Old Granbury Road to north property line
of Lot 30, Block 522, Wedgwood X-II Addition,
known and designated as Project No '021-036-
'543-00, Unit IV
Hastings Drive From Danciger Drive to west property line of
Lot 30, Block 522, Wedgwood _X-II Addition,
known and designated as Project No '021-036-
543-00, Unit V
III
Each. of the above described portions of streets, avenues and public places in the City of Fort Worth,
Texas, shall be improved by raising, grading, and filling same and by constructing thereon the following, to-wit
Unit I Altamesa Boulevard From Old Granbury Road to east property line of Lot
10', Block 510', Wedgwood X-II Addition, known and de-
signated as Project No 021-036'543=00, Unit I, a
six-inch thick hot-mix asphaltic concrete pavement
on a four-inch thick hot-mix asphaltic concrete base
with seven-inch high concrete curb and eighteen=inch
wide concrete gutter so that the finished roadway
will consist of two thirty-six foott~trafif~:c lanes
Left-turn lanes and median openings will be constr-
ucted where specified
Unit II Old Granbury Road (east lane) From south property line of Lot 3, Block 500, Wedg-
wood X-II Addition to Danciger Drive, known and de-
signated as Project No 021-036=543-00, Unit II, a
seven-inch thick reinforced concrete pavement on a
six-inch thick lime stabilized subgrade with seven-
inch high superimposed concrete curb on a thirty-six
foot traffic lane
Unit III Old Granbury Road west lane) From Altamesa Boulevard to Danciger Drive, known and
designated as Project Wo 021-036`=543=00, Unit III,
a seven-inch thick reinforced concrete pavement on
a six-inch thick lime stabilized subgrade with seven-
inch high superimposed concrete curb on a thirty-six
foot traffic lane
Unit IV Danciger Drive From Old Granbury Road to north property line of Lot
30, Block 522, Wedgwood X-II Addition, known and de-
signated as Project No 021-036'-543-00,-Unit IV, a
seven-inch thick hot-mix asphaltic concrete pavement
on a five-inch thick base course and a two-inch sur-
face course with seven-inch high concrete curb and
eighteen-inch wide concrete gutter on a forty-four
foot roadway
Unit V Hastings Drive From Danciger Drive to west property line of Lot 30,
Block 522, Wedgwood X-II Addition, known and design-
ated as Project No 021-036543-~00, Unit V, a five-
inch thick hot-mix asphaltic concrete pavement on a
six-inch thick lime stabilized subgrade with seven-
inch high concrete curb and eighteen-inch wide con-
crete gutter on a twenty-eight foot roadway
The above together with concrete curbs gutters driveways and incidentals
to such improvements on proper grade and line where same are not already
so constructed together with storm sewers and drains and other necessary
incidentals and appurtenanees all of said improvements to be constructed
as and where shown on the Plans and Specifications therefor
IV
The cost of said improvements as herein defined shall be paid for as
follows to-wit
A The property abutting on that portion of the street avenue or public
place and the real and true owners thereof shall pay alt of the cost of. curbs and
gutters in front of their property and not exceeding nine-tenths (9/lOths) of. r.he
estimated coat of the remainder of such improvements
B The City of Fort Worth shall pay all of the remainder of the cost of
said improvements after deducting the amounts herein specified to 'be paid by the
abutting properties and the real and true owners thereof. as set ovt in subsection A
The amounts payable by the abutting properties and the real and true owners
thereof shall be assessed against such properties and the real and true owners there-
of. and shall constitute a first and prior lien upon such properties and a personal
liability of the real and true owners there of and shall be payable to-wit
When the improvements- are complete8 and accepted by the City on a particular
unit the sums assessed against property abutting upon such completed and accepted
unite shall be and become payable in five (S) equal installments due respectively
on or before thirty (30) days and one (1), two (2), three (3) and four (4) years
from the date of such completion and acceptance and the assessments against the pro-
perty abutting upon the remaining units shall be and become due and payable in such
inatallmenta after the date of completion and acceptance of such respective unit
The entire amount assessed against the particular parcels of. property shall bear
interest from the date of such completion and acceptance of. the improvements on the
unit upon which the particular property abuts at the rate of six (6%) percent per
annum payable annually except as to interest on the first installment which shall
be due and payable on the date said installment matures provided that any owner
shall have the right to pay any and all of such installment at any time before
maturity by paying principal with interest accrued to the date of payment and further
provided if default be made in the payment of any installment promptly Es the same
matures, then at the option of the City of Fort Worth or its assigns, the entire
amount of the assessment upon which such default is made shall be and become immedi-
ately due and payable; but it is specifically provided that no assessments shall in
any case be made against any property or any owner thereof in excess of the special
benefits to. property in the enhanced value thereof by means of said improvements in
the unit upon which the particular property abuts as ascertained at the hearing pro-
vided by the law in force in the City, nor shall any assessment be made in any case
until after notice of hearing as provided by law Said assessments against the
respective lots and percale of property and owners thereof shall be evidenced by
certificates of a special assessment which shall be executed in the name of the City
of Fort Worth, PROVIDRD however, that acting through its duly authorized Director
of Public Works, the City of Fort Worth retaining the right to authorized payment
of the soma assessed against abutting property upon such completed and accepted unit
in not more than forty-eight equal regular monthly installments of not less than
$9 00 each, the first of sueh inatallmenta to become due and payable not more than
30 days after the completion and acceptance by the City of the particular unit
PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments
of said sums in lesser installments and/or over a longer period of time in cases in
which the Director of Public Works has previously determined that an extreme financial
hardship upon the property owner will otherwise result and FROVIDED FURTHER that
such method of payment shall be authorized only in instances where the owner or owners
of property abutting upon such completed and accepted unit shall have executed and
delivered to the City of Fort Worth a lawful valid and binding note and mechanic's
and materialman's contract upon forms supplied by the City granting a mechanic's lien
upon and conveying the said abutting property in trust to secure the payment by said
owner or owners according to the terms thereof of the sums assessed against such.
property
V
The assessments against the respective lots and parcels of property and the
owners thereof shall be evidenced by certificates of special assessment which
shall be executed in the name of the City by the Mayor of said City and the City
Secretary shall attest the same and impress the corporate seal of the City thereon
and which may have attached thereto coupons in evidence of the several installments
or in evidence of any of the installments in which the assessment is payable which
certificates shall be issued to the city of. Fort Worth shall recite the terms and
time of payment the amount of the assessment the description of the property
and the name of the owners as far as known and shall contain such other recitals
as may be pertinent thereto and shall further recite substantially that atl pro-
ceedings with reference to the making of $ueh improvements have been regularly had
in compliance with law and that all prerequisites to the .fixing of. the assessment
lien against the property described in said certificates and the personal liability
of the owners thereof have been regularly had done and performed and such re-
citals shall be prima facia evidence of the matters so recited and no further proof
shall be required in any court and the said certificates shall provide substantially
that if default be made in the payment of any installment promptly as the same
matures then at the option of the city of Fort Worth or its assigns, the entire
amount of the assessment shall be and become immediately due and payable together
with reasonable attorney s fees and costs of collection if incurred all of which,
as well as the principal and interest on the assessment shall be a first and prior
lien against the property superior to all other i ens and claims except State
County School Distriet and City ad valotem taxes No error or mistake in naming
any owner or in describing any property or in any other matter or thing shall
invalidate any assessment or any certificate issued in evidence thereof and the
omission of improvements on any particular unit or in front of any property exempt
by law from the .lien of special assessment for street improvements shall not in-
validate any assessment levied The certificates referred to need not contain
recitals in exactly the works above provided for but the substance thereof shall
suffice and they may contain other and additional recitals pertinent thereto
VI
Bids having been advertised for as required by Article 11QSb of the re-
vised Civil Statutes of Texas as amended and the bid of Metr° Qsp(1R1t ~o
having been found to be the lowest and
best bid for the making and construction of said improvements the contract there-
fore is hereby awarded. to Metro As~ahlt Company
at and for the prices stated in the Proposal
of said company and as reported and recommended by the Public Works Department which
said report and recommendation is on file with the City, the City Manager and the
City Secretary are hereby directed to execute the said contract in the name of the
City of Fort Worth Texas and to impress the corporate seal of the Cfty thereon
the said contract embracing among other things the prices for the work
VII
To provide for the payment of the indebtedness incurred by the City of
Fort Worth Texas by said contract there is hereby appropriated out of available
funds and current revenues of the City an amount sufficient to pay said indebtedness
so incurred
VIII
The improvements provided for herein shall be made and constructed notice
given hearing held and assessment levied and all proceedings taken and had in
accordance with and under the terms of the powers and provisions of Chapter 106 of
the Acta of the First Called Session of the Fortieth Legislature of the State of
Texas, now known as Article 1105b of Vernon's Texas Civil Statutes, as amended,
which law has been adopted as an amendment to and made a part of the Charter of
the City of Fort Worth, Texas and under which law these proceedings are taken
and had
IX
Each unit above described shall be and constitute a separate and independent
unit of improvement and the asaesamenta herein provided for shall be made for the
improvements in each unit according to the cast of the improvements in that unit
and according to the benefits arising from the improvements in that unit
X
In making assessments if the name of the owner be unknown it shall be
sufficient to so state the fact and if any property be owned by an estate or .by
any firm or corporation it shall be sufficient to eo state and it shall not be
necessary to give the correct name of the owner but the real and true owners of
the property mentioned shall be liable and the asaesamenta against the property
shall be valid
XI
The Director of Public Works of the City or' Fort Worth, Texas be and he
is hereby ordered and directed to file with the City Council estimates of the coat
~, of such improvements in each unit in accordance with the terms of the powers and
provisions of the Charter of the city of Fart Worth, Texas
XII
The City Secretary is directed to prepare sign and file with the County
Clerk of Tarrant County Texas, a notice in accordance with the provisions of the
Act passed at the Fifth Called Session of the Forty-first Legislature of the State
of Texas and shown as Chapter 21 of the Acts of said Session of the Legislature
said Act having been passed in the year 1930 and now known as Article 1220a of
Vernon's Texas Civil Statutes
XIII
The City Secretary is hereby directed to engross and enroll this ordinance
by copying the caption of same in the Minute Book of the City Council and by filing
Che complete ordinance in the appropriate Ordinance Records of this City
,,~.
XIV
This ordinance shall take effect and be in full force and effect from and
after the date of its passage
PASSED AND APPROVED THIS__ 1~ ~~ DAY OF Be~.._._ , 19 c~®
APPROVED AS TO FORM AND LEGALITY
City Attorney
~~~ /
i .
~~~a.
~~LE
1k1E~T
BA1LlFF
liMITH
uorvEs
DATE REFERENCE SUBJECT Award Of C®ritract - Street and PAGE
NUMBER Storm Drainage Improvements
R~~ ~>Rn ~~~C-5201 WedQewood X-I'I Addition i °f -~
City Council. action is requested on Project No 021-036543-00 as described below
Roadway ROW
Unit Street Limats Width-Feet. Width-Feet
I Altamesa Blvd Old Granbury Road 2-36' Lanes 120
East 2 220'
II Old Granbury 277' So of Altamesa Bivd 1-36'.Lane 60
Road (Ea=~ Lane) to Dancigar Road
III Old Granbury Altamesa Blvd to Dancigar 1-36' Lane 60
Road (Westc Lane) Road
IV Dancigar Drive. Old Granbury Road to N E 44 64
750'
V Hastings Drive Dancigar Drive to Easterly 28 50
120'
Origin of Project
This project was initiated in conjunction with Community Facilities Contract
No 10753 Wedgewood X-II Addition approved on September 11, 1979 (M&C C-4718
Revised) as amended by Contract No 1.0873 approved on November 29 1979
(M&C C-4880) Altamesa Boulevard is an interior street in the development
however, a variance was granted to improve the street on tie assessment basis
due to the immediate traffic need of the roadway in the area The~,..remaining
streets border the development
Improvements
Unit I Altamesa Boulevard will be improved as a double 36' wide thoroughfare
with a 28' wide mcJian by onstruction of major thoroughfare grade hot mix asphal
ti.c concrete (i-iNfAG) pavement with concrete curb and gutter Included are turn
lanes at two intersections and two cross-ovens with turn lanes into private
property Storm drain facilities w:.1l consist of approximately 415' of pipe
and appurtenances
Unit: II and III O.ld Granbury Road will._also be improved as a double 36' wide
thoroughfare with a 28' wade median by construction of major thoroughfare grade
concrete pavement with .su.per.-imposed concrete curb and turn lanes at intersec-
tions Stox°m drain facdlities will consist of 478' of pipe and appurtenances
Unit IV Dancigar Road wi11 be ampx°aved as a 44' wide arterial street with 7
HMAC pavement. and concrete curb and gutter Included are 64' of storm drain
pipe and appurtenances
t
r
{
•
•
DATE REFERENCE SUBJECT Award ®f C®nt;raCt - Street and PAGE
NUMBER
rc a ~*C-5201 Storm Drainage Improvements 2
-~~'1~ Rn Wedgewood X-IT Addition of 3
Unit V Hastings Dr e a residential street was improved by the .developer with
t;he exception of the last 120' of curb and gutter.adj.acent to Dancigar Road The
curb and gutter and pavement tie-in is included in this contract
Receipt of Bids
The protect was advertised for bids on June 13 .and 20, 1980 and the following
bids were. received on July 3 1980 with 250 working days allocated
Bsddex°
Amount
Metro Asphalt Co $ 906 684 20
Austin Road Co 965 923 O1
Southwestern Contracting Co 1 016 177 90
Ashland-Warren Inc 1 103 150 69
Protect Cost and Financing
Deferred Payments - Based on .standard policy and special provisions of Community
Facilities Contract No 10753 it is proposed that approximately $270 307 03 will
be assessed against properties adtacent to_Altamesa Boulevard on a deferred
payment basis which provides that .repayment of .assessments will be paid to the
City in installments of 1~5 of the principal amount plus accrued interest
annually The first annual payment .shall hecome.due and payable one year after
completion of co~astruction and .acceptance of the protect by the City Included
in the assessment is the cost of pavement .and curb and gutter the developer's
share of storm drain cost. and the developer cost of 4 left turn lanes and two
median openings leading to private property
Standard Assessment - Based_on standard policy .and the low bid approximately
$169 165 45 is proposed to be assessed against properties adtacent to Old
Granbury Road Dancigar Drive and_Hastings_Drive to be repaid in accordance
with standard policy (49 months) consisting of five .annual payments with 6%
interest per annum on the unpaid balance the _first payment being due 30 days
after the protect has been completed and accepted by the City
Financing - Total proposed assessments will be_approximately $439,472 48 which
will be provided by a bond fund transfer from the Revolving Fund Unspecified,
less $20 340 presently in the protect account Cost to the City for street and
storm drain construction is .approximately $521 612 77 plus $54,401 05 for
in-house administratiox" survey and inspection engineering In addition
consultant design engineering costs to the City were $53 700 under separate
contract Bond fund transfers for $270 000 are necessary from the Streets In
New Additions Unspecified Account to supplement the City's construction cost
and $29 800 from the Engineering Unspecified Account to supplement the engineer
funds in the protect account
[7
DATE REFERENCE SUBJECT Award of Contract - Street and PAGE
NUMBER
Storm Drainage Improvements,
~ of~
8 12 80
**C-5201
Wed ewood_X-II Addition _
Recommendations
It is recommended that
1 The following bond fund transfe rs be approved
From To Amount Reason
094-009-901-00 094-015-543-00 $419,132 48 To provide funds for
Revolving Fund Assessment Paving Streets property owners share
Unspecified in Wedgewood X-II Addition of construction cost
029-036-901-00 029-036-543-00 270 000 00 To provide additional
Streets in New Assessment Paving Streets funds for City's
Additions In Wedgewood X-II Addition construction cost
Unspecified
021-095-901-00 021-036-543-00 29 800 00 To provide additional
Engineering Assessment Paving Streets funds for city's
Unspecified in Wedgewood X-II Addition engineering costs
029-036-901-00 029-021-101-00 419 200 00 To provide funding i
Streets in New Contributions to the the Revolving Fund
Additions Revolving Fund
Unspecified
2 An ordinance be adopted
a Declaring the necessity for and ordering the improvements
b Making provisions for levying assessments,
c Directing the Public Works Department to prepare estimates of costs and
amounts to be assessed
d Awarding the contract to Metro Asphalt Company for $906,684 20 based on
their low bid
e Making appropriations to cover the indebtedness incurred for improvement
on the project described above and
3 An ordinance be adopted
a Approving the estimates of costs and amounts proposed to be assessed an
b Setting September 9 1980 as the date for the Benefit Hearing
APPROVBD BY
CITY COUNCIL
VS plg
Attachment ~~~ ~~ 1984
.~
~ ~
SUBMITTED FOR THE
CITY MANAGER'S ry~~ teat:+ti•v =
DISPOSITION BY COUN~,ILS, ~tj ~ i ~
~ OCESSED BY
OFFICE BY: ^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: Keith A Smith CITY SECRETARY
FOR ADDITIONAL INFORMATION Neces
7902 ity & Orderi Im oyements
~
~
CONTACT John Jones, EXt _
1~ DATE
September 9, 198 as a e for Benefit Hearing